§1526 Merchandise Bearing American Trade-mark

Summary

It is illegal to bring into the United States foreign-made goods that show a trademark owned and registered by a U.S. person, unless the trademark owner gives written permission when the goods enter and a copy of the trademark registration has been filed with the Treasury Secretary. Goods imported in violation can be seized and taken away. People selling such goods can be ordered to stop, to export or destroy the goods, or to remove the trademark, and can be sued for the same damages and profits as other trademark violations. Personal items a traveler brings may be exempt if they fit types and amounts the Secretary sets and publishes, and if the traveler hasn’t used that exemption within thirty days. If an exempt item is sold within one year of import, it can be taken away. Goods with counterfeit marks must be seized and, without the owner’s consent, destroyed after forfeiture. If safe and the owner agrees, the mark may be removed and the goods given to government agencies, donated to charities, or, more than 90 days after forfeiture and if no agency or charity needs them, sold at public auction. Anyone who helps import seized counterfeit goods for sale faces a civil fine: for the first seizure up to the manufacturer’s suggested retail price; for a second or later seizure up to twice that amount. The Customs Service may choose to impose the fine, and it is in addition to other penalties.